LexBlog IP

FEBRUARY 16, 2024

This includes providing input on package or product designs and colorways and overseeing the production process. Thus, companies have a clear interest in ensuring that the freelancers they occasionally contract with are deemed independent contractors, not employees. According to California Labor Code section 3351.5(c)

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Social Media Contracts Intellectual Property Branding 52

Kluwer Copyright Blog

APRIL 18, 2024

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it. But the present draft clearly reaches such content. [2]

Public Domain 59

Public Domain Contracts Copyright Licensing 59

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art.

Copyright 52

Copyright Law Copyright Law Contracts 52

Kluwer Copyright Blog

FEBRUARY 13, 2022

We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. There have been many studies describing differences in copyright exceptions between countries, such as those by Seng , Crews , Hilty & Nérisson , and the WIPO Secretariat.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

The IPKat

MARCH 22, 2024

The role of US copyright law and economic rights As a signatory to the WPPT , the US grants performers economic rights to performances which are fixed in a sound recording. The moral rights to recording artists as provided by the WPPT, are only preserved if they are explicitly reserved in the producing contract.

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Moral Rights Copyright Music Art 69

Kluwer Copyright Blog

APRIL 18, 2023

Since then, Meta has been technically liable for copyright infringement whenever its users upload content reproducing Italian songs, in accordance with the new regime of direct liability as per Art. 102- septies of the Italian Copyright Law). 17 of the CDSM Directive (implemented in Italy through Art. 19 of the Directive.

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Music Art Licensing Copyright 98

Kluwer Copyright Blog

APRIL 24, 2023

Video games are complex digital creations designed to be interactive, immersive, capable of fostering players’ creativity, and increasingly, capable of connecting players across the globe. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

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Copyright Intellectual Property Copyright Infringement Copying 57

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 101

Copying Copyright Law Copyright Social Media 101

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

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Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

FEBRUARY 22, 2022

Other contributions have focussed on creators within these industries, and look to the interplay between law and practice, examining whether specific provisions in copyright are successful in their application. Craig emphasises how empirical studies exploring the connections between copyright and gender remain scarce in literature.

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Copyright Public Domain Marketing Marketing 52

JIPL Online

MARCH 19, 2021

ii] These events were sudden and came as a shock to the platform’s creators who were given no opportunity to submit counternotifications or edit their content to remove the allegedly infringing material per the provisions of the Digital Millennium Copyright Act (the “DMCA”) and Twitch’s own DMCA Guidelines.

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Music Copyright Licensing Fair Use 76

Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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Artwork Contracts Ownership IP 98

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law.

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Copyright Law Copyright Law Art 106

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.

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Contracts Derivative Work Intellectual Property Music 52

LexBlog IP

JUNE 28, 2023

3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense. The compensation for damages cannot be less than twice the fee that is usually or by law paid for the type of exploitation that the infringer did without license.

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Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

MAY 15, 2024

copyright law. The metadata could include a link to a bank account number so that the author/copyright holder could be directly compensated by the AI-service provider via a smart contract. It is arguably a matter of “law by design” (see here , here and here ). However, this does not have to be the case.

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Copyright Fair Use Copyright Law Editing 54

Kluwer Copyright Blog

MARCH 16, 2022

The existing TDM exceptions under UK copyright law. For the exception to kick in the person must have “lawful access” to the work and any copy must be accompanied by “sufficient acknowledgement”. However, the exception is imperative, in the sense that rightholders cannot contract out of it. by Christopher Heath. €

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Licensing IP Intellectual Property Intellectual Property Law 91

Kluwer Copyright Blog

FEBRUARY 28, 2022

17 of the DSM Directive, the Directive stipulates that online content sharing service providers like YouTube or Vimeo are now also responsible under copyright law for user uploads, if these providers fail to meet certain obligations. 8 UrhDaG); general responsibility under copyright law for user uploads is established in Sec.

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Art Copyright Law Copyright Law 54

IPilogue

SEPTEMBER 23, 2021

The defendant lost at trial and on appeal because he failed to prove the contrary, i.e., that he employed the plaintiff under a contract of employment ( Choko , QCCA at [13]). The problem is that, although “author” and “maker” can mean much the same thing in ordinary parlance, they do not in copyright law. The court applied s.

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Ownership Copyright Intellectual Property Design 92

LexBlog IP

MARCH 27, 2023

In particular, ChatGPT is a type of “language” model designed to respond with a natural language reply when prompted with a text-based question. The “Chat” in ChatGPT refers to this question-and-answer design, where ChatGPT behaves like a ChatBot. ” See OpenAI, FAQ ( Copyright ).

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

IP and Legal Filings

MAY 3, 2023

The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” Because they were created by the authors, the exam questions are unique in the sense of copyright laws. can have copyright.

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Copyright Public Domain Copying Publishing 94

TorrentFreak

JULY 23, 2023

All third-party services we use are bound by a contract with us to never use the information of our users for their own purposes and not to disclose the information to any third parties unrelated to the service. We also do ask that our customers use a designated P2P region if they are going to be doing any torrenting or other P2P activity.

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Privacy IP Technology Reporting 140

Kluwer Copyright Blog

JUNE 26, 2024

And what is the fate of copyright law in this new world order? Copyright & AI (Search) Agents Copyright law has long been the cornerstone of protecting the intellectual property (IP) rights of content creators and incentivising creativity. Would there be any incentives to create original content?

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Copyright Content Creation Fair Use Technology 101

Kluwer Copyright Blog

NOVEMBER 17, 2021

Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law. The case law of that copyright law senate of the BGH from 2015 to 2019 is summarised below.

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Moral Rights Law Copyright Copyright Law 52

43(B)log

AUGUST 3, 2023

Primer: Le Labo is a “mainstream perfumery,” not niche; owned by licensees Estee Lauder, designed by outside “nose,” who works for a “composition house” that develops perfumes for other people. Files shared digitally, encourages more editing; their contributions are credited. notes to create a specific type of scent.

Music 52

Music Art Copying Licensing 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Under the 1976 Copyright Act, copyright subsists automatically in any “original work of authorship” that is “fixed in any tangible medium of expression.” [ 17 U.S.C. Thus, under existing case law, the answer is quite clear: the interviews are not joint works. Hustler Magazine, Inc. Falwell , 485 U.S.

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Copyright Blogging Publishing Fair Use 120

LexBlog IP

JANUARY 10, 2024

It would also seem that that designation would prohibit Woodward from private ownership of the copyright in the full work, a concept that Woodward would surely resist and with which his own copyright registrations are inconsistent. Woodward Motion Brief at 16; Woodward Reply Brief at 7. ” Id.

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Ownership Copyright Government Intellectual Property 52